The most common accidents are motor vehicle accidents, or MVAs—and by a large margin. In fact, more people die each year in MVAs than in all of the U.S. wars in the past 100 years. And car accidents outnumber all other motor vehicle accidents by far.
Car accidents occur more frequently in Las Vegas than in other jurisdictions in Nevada, with nearly 20,000 accidents producing injuries in the Las Vegas area.
If you were one of those unlucky 20,000, call or email our Las Vegas law office today. You will need a personal injury attorney after a car hits you. Who was at fault? Were there witnesses? How many persons were injured, and how much coverage is available for all the victims. Can you prove the other driver was negligent? Proving a driver was negligent often involves more than a police report. The officer performs an investigation, but does not determine fault—ultimately, a judge or jury does. Occasionally, police cite the wrong party.
The Law Offices of Benson & Bingham Accident Injury Lawyers, LLC, can help you answer these questions and understand the liability aspects of your case. We will check every avenue of revenue to protect your rights and help you recover from a Las Vegas car accident.
With its combination of alcohol and driving, Las Vegas tops the charts for accidents. With more than 8,000 DUI arrests every year, Clark County has its share of fender benders, vehicle crashes, and fatalities. In addition, Las Vegas has gridlocked streets with stoplights every mile, and drivers heavily use cell phones in automobiles. Consequently, this equates to too much negligent driving and reckless car crashes.
The Nevada Strategic Highway Safety Plan (SHSP) reports that between 2012 and 2016, 396 people lost their lives and 682 were seriously injured in impaired driving crashes on Nevada roadways. In any given year, as many as 200 persons die in motor vehicle accidents in the Las Vegas area.
Here are some of the auto accidents our Las Vegas car accident lawyers excel at handling:
Drunk driving deserves extra attention here, because it accounts for a large portion of the fatalities on Las Vegas highways—something we’ve seen firsthand, since many of our clients have suffered from hazardous and even fatal accidents at the hand of drunk drivers. Often, the drunk driver will leave the scene, trying to disappear and avoid responsibility—and making a car accident lawyer more necessary for the successful recovery of compensation.
In addition to people traveling in private vehicles, local police, the Nevada Highway Patrol, and pedestrians can become the victims of drunk driving accidents.
Drunk drivers often do not maintain the best insurance coverage, if at all. Consequently, many victims incorrectly feel there is no way to seek recourse.
Accidents with cars are can leave pedestrians disabled. Every year the statistics get worse. Las Vegas has one of the highest incidents of pedestrian accidents due to the large volume of walking traffic on the sidewalks and crosswalks of our roads.
First, make medical care your foremost priority. Your health is a vital concern, and you will need the best prompt medical care possible for two reasons:
Contact our law firm to help you deal with the basics of the accident:
If an ambulance took you to the emergency room for treatment there, you likely did not receive a copy of the police report. Don’t worry—we can obtain that for you, based on the date and cross streets of the accident.
If you suffered another accident within a very close time frame, legal complications can arise—but the car accident attorneys at Benson & Bingham know how to deal with that. In Nevada, the Klietz v. Raskin case, controls. Here, the law states that when an accident victim has more than one accident in close proximity, if the damages are indistinguishable, then the burden shifts from the plaintiff to the defendants to figure out the damages.
For example, if a tractor-trailer causes you to sustain a cervical injury on May 1, and then on May 10, another truck accident aggravates the same cervical injury, then the two defendants must figure out who is responsible for your neck injury. Contact Benson & Bingham Accident Injury Lawyers, LLC, today if you were in multiple accidents.
Nevada Law dictates that a driver must maintain minimum liability insurance coverage of $25,000 for bodily injury or death and $50,000 for two or more persons in the vehicle. This hardly provides coverage for medical bills, loss of wages, and pain and suffering.
Uninsured/Underinsurance coverage is not required, nor are all medical payments covered in an accident. Golf carts and other recreational activities are normally not covered by automobile insurance policies.
Contact Benson & Bingham Accident Injury Lawyers, LLC, today for a free insurance evaluation to make sure you are protected before you talk to your insurance agent.
What is the difference between a motor vehicle accident with a commercial vehicle and one with another private party vehicle? In Nevada, the amount an injured party may recover is financially significant.
This does not necessarily mean that an injured party will collect more when they are in an accident with a commercial vehicle such as a semi-truck or tractor-trailer, unless the medically diagnosed injuries sustained by the claimant support the value of the claim. In other words, to collect a significant value from a commercial motor vehicle accident, the injured party must have significant medical findings to support such an award.
We describe the difference between minimum coverages on commercially and privately owned vehicles below:
Nevada requires private parties to carry insurance minimums of $25,000/$50,000. In the event of an accident, one injured party may collect as much as $25,000 for bodily injury and/or death. If two or more people are injured in the vehicle, they may collect as much as $50,000 for bodily injury or death, with not one party collecting more than $25,000. (See NRS 485.185.)
A business or corporation with multiple vehicles or multiple employees who will operate company vehicles must obtain a commercial or business auto policy. Nevada requires such businesses to carry a minimum auto policy of $1 million, which covers bodily injury and death. This includes all commercial carriers and businesses that operate semi trucks, buses, work trucks, vans, and shuttles.
Furthermore, most businesses with multiple vehicles or a fleet will carry a few million extra in coverage under an additional excess insurance policy.
However, many commercially owned and operated vehicles DO NOT have, nor are they required to have, any designations indicating that they are in fact commercial vehicles.
A vehicle ownership investigation, which we perform in every case, will reveal the underlying policy that covers an injured accident victim. When opening a claim after an accident, counsel needs to identify the policy type and limits that can cover an injured victim. Knowing the at-fault party’s coverage helps to ensure that our clients recover all of the compensation they can for their injuries.
Here at Benson & Bingham Accident Injury Lawyers, LLC, we strive to assist with all aspects of our clients’ claims arising out of a car accident. We would like to share some of what we do to ensure that you know what to expect in the event your car was damaged in an accident.
The handling of the damaged car is commonly known in the legal world as a property damage claim. The at-fault driver’s automobile insurance company generally handles that claim, once it has accepted responsibility for the accident. In other words, the at-fault driver’s insurance company will pay for the damage done to your vehicle. You may also have the option of having your insurance company handle the claim, but you have to maintain certain coverage to entertain that option.
Before that happens, an appraiser from an insurance company must record the extent of your car’s damage in an estimate. This helps the insurance company determine whether the vehicle is repairable or a total loss.
If your car is deemed repairable, you can take your payment from the insurance company and choose the mechanic and body shop to fix it.
If the insurance company deems your vehicle totaled, it is not obligated to repair the car. Instead, the insurance company will pay you fair market value, after you decide whether you want to keep the car or to surrender it to the insurance company. Under Nevada law, total loss means that the cost of the estimated repair exceeds 65 percent or more of the fair market value of the vehicle at the time it was damaged. As an option, you may choose to keep your totaled vehicle and obtain a salvage title along with a reduced payment.
Whether or not your vehicle is deemed repairable, in most instances, you are entitled to a rental car—but certain guidelines govern the type of car and the length of time you may have it.
Your property damage claim will close once you repair your vehicle or receive fair market value for it. Of course, you may face additional issues during the process. However, if those issues arise, Benson and Bingham will walk with you every step of the way to guide you and bring your claim to an expeditious and proper resolution.
Do you have serious questions following a car accident? We have answers! Take a look at these frequently asked questions.
After a simple car accident involving only property damage, you may not need an attorney to help you pursue the compensation you deserve. On the other hand, if you suffer serious injuries, including: Brain injury, traumatic brain injury, or spinal cord damage, you may need an attorney to help you seek the compensation you deserve.
After a car accident, the compensation you receive will vary depending on your injuries and the coverage carried by the person responsible for the accident. However, most people claim:
Check the police report and discuss the claim with your lawyer.
You may suffer many different injuries from your car accident, from scrapes and bruises to spinal cord damage. Common injuries include:
After a car accident, you may worry that you do not have the money to hire a lawyer to represent you. Fortunately, you have options. At Benson & Bingham, we make it easy for you to afford the attorney you need after an accident with serious injuries. We start with a free consultation, which gives both us and you a better idea of what you might face as a result of your injuries. We take clients on a contingency fee basis—rather than requiring payment upfront, we take our payment from the compensation you recover after your accident.
At the scene of the accident, you might feel fine or think that you can just walk off your injuries. No legal mandate requires you to seek medical attention following a car accident. However, if you fail to see a doctor immediately after the accident, you may have more trouble proving later that your injuries came from the accident. The decision to avoid medical care may, as a result, limit the compensation you can claim.
Failure to seek medical care may also result in increased pain and suffering since you will not receive treatment for your injuries right away. In some cases, your failure to seek treatment could worsen your injuries, leaving you with permanent medical complications. Some conditions, including traumatic brain injury and spinal cord damage, may not show up immediately. Other accident victims find that they do not recognize serious symptoms at the scene of the accident due to the presence of adrenaline.
Sometimes, the responsible driver’s insurance company will contact you immediately after the accident to issue a settlement offer. The company may offer to send you a check immediately if you will sign the paperwork absolving it of further responsibility.
Unfortunately, these settlement offers often fail to reflect the full compensation you deserve from your injuries. You may discover, as you progress through your recovery, that your injuries cost more than you originally thought. While accepting that check can get funds in your hands fast, you may miss out on the full compensation you deserve. Always consult with an attorney before taking that offer.
In general, you should follow your doctor’s recommendations about when you can return to work and how your injuries should impact your daily work responsibilities. If your doctor advises you not to return to work, you may need to stay at home and focus on your recovery. When you miss work due to your injuries, you can claim compensation for that lost time. Returning to work according to your doctor’s instructions, however, should not impact the compensation you can receive for your injuries.
In general, Nevada law allows two years after your accident to file a claim for your injuries. While some exceptions can allow you to file your claim later, you should try to avoid waiting to file a claim. Ideally, you want to file your claim as soon after your accident as possible. Immediately after your accident, your attorney can better find evidence pertaining to the accident, including any video surveillance from the scene of the accident. Witness statements may also remain clearer immediately after the accident; even your memory may fade significantly if you wait a long time to file your accident claim. Most victims of car accidents find the best results when they contact an attorney as soon as possible after the accident.
An attorney cannot determine ahead of time if you will need to go to court over your car accident claim. Some insurance companies offer reasonable compensation for injured victims. Other insurance companies, however, may show less generosity. At Benson & Bingham, we prioritize getting our clients the compensation they deserve. If we can settle out of court, we try to do so. If we cannot, we will go to court to fight for the compensation our clients deserve.
Let Benson & Bingham Accident Injury Lawyers, LLC, start your claim off on the right path by listening to you, calculating your damage, and identifying all of the available insurance relating to your accident. We are here to help. Just give us a call at (702) 382-9797, or send us an email through our online contact form.
Minor and Adults: Nevada law distinguishes between minors and adults. Parents are liable for the acts of their children up to $10,000 in certain circumstances.
Hear this testimonial from retired USAF Airman Phillip Sisneros about how Benson & Bingham Accident Injury Lawyers, LLC helped him through his horrific car accident.
A second testimonial from Ty Pierce about his experience with Benson & Bingham Accident Injury Lawyers, LLC.
What happens to a human in a low impact car crash